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Third Circuit Predicts No Private Right of Action for Denied Job Applicants Under New Jersey Cannabis Law

On Dec. 9, 2024, a divided panel of the Third Circuit Court of Appeals affirmed the dismissal of a class action lawsuit by New Jersey job applicants denied employment by Walmart because they tested positive for cannabis. The...more

Third Circuit’s Precedential Ruling Holds That Employers Are Not Obligated to Apply FMLA Entitlements Retroactively

On Oct. 11, 2024, the Third Circuit Court of Appeals filed a unanimous, precedential opinion affirming judgment as a matter of law in favor of Southeastern Pennsylvania Transportation Authority (SEPTA) in a Family and Medical...more

NLRB Issues Memo on Severance Agreement Guidance

On March 22, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo (GC Abruzzo) issued GC Memo 23-05 providing guidance on the NLRB’s recent decision in McLaren Macomb. This guidance makes clear that...more

NLRB GC Issues Updated Memo on Prosecutorial Priorities

On March 20, 2023, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued an updated memo outlining her prosecutorial priorities. GC Abruzzo’s prior August 2021 memo identified 46 issue areas for...more

NLRB Announces Changes to Election Rules After D.C. Circuit Decision

On March 9, 2023, the National Labor Relations Board (NLRB) filed public notice of its intention to rescind four provisions from its 2019 election rule changes. This follows a January 17, 2023, divided precedential decision...more

NLRB Memo Assesses Legality of Electronic Monitoring and Automated Management Practices

The Memo asks the NLRB to adopt a new framework for protecting employees and, in the meantime, for NLRB Regional Directors to vigorously enforce existing law in cases involving new workplace technologies as a top priority....more

DOL Proposes New Independent Contractor Rule

The U.S. Department of Labor (DOL) is publishing a new proposed rule that would change the federal legal standard for determining whether a worker is an employee or independent contractor. The proposed rule has been perceived...more

Supreme Court to Review Property Damage Strike Claims

Takeaway: The U.S. Supreme Court will examine whether the federal National Labor Relations Act precludes claims under state law seeking compensation for property damaged during strikes....more

Truck Drivers and Prevailing Wage Requirements: A Friendly Reminder

For contractors and subcontractors who perform construction, alteration and repair work on federally funded public building and public works projects, prevailing wage requirements are a fact of life. Since 1950, the...more

NLRB Releases Spring 2022 Rulemaking Agenda

On June 21, 2022, the National Labor Relations Board (NLRB) released its spring 2022 rulemaking agenda. The agenda shows that the NLRB may address two important topics under the National Labor Relations Act (NLRA) through the...more

NLRB May Outlaw Captive Audience and Other Mandatory Meetings

On April 7, 2022, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo circulated a memorandum to all Field offices, expressing her intention to ask the Board to deem “captive audience meetings,” where...more

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